Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

Causation is a necessary link between an unlawful act and the damage, determining who must assume the obligation to compensate for an injury caused. Tort law faces significant challenges in complex cases involvingmultiple actors and various causalities contributing to the damage. In light of these situations, causation currents have developed different tools that allow the identification of responsible parties, even attributing liability to more than one individual, provided that their actions meet the criteria of legal relevance and causal proximity. Despite these advances, a notable regulatory gap exists in tort and civil liability. There is no clarity in the legal framework that contemplates solidarity among liable parties in cases where independent unlawful acts concur to cause damage. Ideally, this concurrence should give rise to a regime of solidarity among tortfeasors, allowing compensation burdens to be assigned equitably. However, due to the limitations inherent in the traditional sources of solidarity, such a regime is not feasible. In these cases, the absence of a mechanism to establish a right of recourse underlines the need for legislative reform. A normative development regulating proportional solidarity in cases of concurrence of wrongful acts would be essential to ensure a fair redistribution of compensation burdens. 

El principio de juridicidad reconoce la obligatoriedad de la aplicación del bloque de constitucionalidad y control de convencionalidad en toda actuación de la Administración pública. Por otro lado, el silencio administrativo negativo es una institución jurídica, la cual advierte la presunción de que la pretensión ha sido negada por falta de pronunciamiento de la Administración dentro de los términos y plazos previstos. En el presente artículo se aborda la permanencia del silencio administrativo negativo en el recurso de revisión previsto en la Ley Orgánica de Contraloría General del Estado, que al no ser resuelto dentro del plazo determinado, tiene como resultado la denegación tácita. Se consideran además los efectos del silencio administrativo negativo en una doble dimensión: para la persona y la Administración pública. La investigación desarrollada contrasta los criterios a favor y en contra de la permanencia del silencio administrativo negativo, concluyendo que, a la luz del principio de juridicidad, la figura del silencio administrativo negativo es incompatible con un Estado constitucional de derechos, en el que se ha establecido el derecho a la buena administración, otorgándole la característica de fundamental, situación que ha motivado la presentación de una acción de inconstitucionalidad ante la Corte Constitucional. 

The duty of due diligence, as a state obligation under human hights law, encompasses the key categories of prevention, investigation, punishment, and reparation. Among these, reparation holds particular significance as a fundamental right for femicide victims. This article delineates the international obligation of due diligence and the duty to provide reparation, framing them as critical pillars for ensuring access to justice. The study aimed to assess the effectiveness of comprehensive reparation within the Ecuadorian justice system’s response to femicide victims, employing a gender and intersectionality approach. Findings reveal that ineffective investigations result in numerous cases without convictions and limited recognition of indirect victims. In cases where convictions were secured, compensation was the predominant remedy, with other forms of reparation largely neglected. The number of cases mandating comprehensive reparation is exceptionally low, and reparations varied based on the direct victim’s categorization, underscoring systemic asymmetries in access to justice.

In the face of historical injustices against the indigenous peoples of the Amazon, this interdisciplinary research highlights, on the one hand, structural violence, destructive-colonizing development models, and on the other, the challenges and practices of justice in an indigenous community such as the Tikuna indians of Colombia. This work of applied comprehensive restorative justice (participatory action, auto-ethnography and ethnography) is the continuation of five years of research that has been carried out in the Amazon territory and responds to the objectives of understanding the ways of inhabiting the world of the peoples who inhabit the  Amazon, in particular the Tikuna people, with the purpose of contributing to the knowledge of other systems and cultural models that can be more sustainable and that can generate models of environmental justice. This work stands out for its continuous work since 2020 and its academic results on: extinct legal pluralism inside prison walls; indigenous justice in a multidiverse and conflict-ridden world; weaving, knotting, and unraveling the social fabric in the Tikuna communities of the Colombian Amazon to explore, in the last period, the connections with environmental justice. This article concludes that Tikuna resist through cooperation, autonomy, and resistance to ecosystem diversity.

It is necessary to start from a clear idea: the law of torts in Ecuador has remained immobile for decades with respect to the continuous evolution that the rest of the countries in the world have maintained. Although there are several aspects of tort law that could be approached to analyze possible doctrinal and/or jurisprudential updates, this research focuses on analyzing the basis of civil law, the voluntariness and autonomy of the parties at the time of contractually determining the form and amount of damages. The modifications that our substantive civil law has undergone during the last century, they have not been transcendental or clarifying within the scope of the proposed analysis, on the contrary, they have left the door open to visualize the problem and the possible solutions from a broader perspective, that of contractual freedom as a pillar of civil law, for which a doctrinal and jurisprudential analysis will be made. Re potentiating the original ideas of our civil code, after analyzing whether there are normative, doctrinal and/or jurisprudential prohibitions to the definition and contractual quantification of damages, the conclusion is that we can execute it freely, as an efficient remedy for the creditor.

The study of extrafiscal taxes as instruments of public policy requires considering the theory of the Policy Cycle, which posits that public policies go through a series of stages: problem identification, policy formulation, adoption, implementation, evaluation, and termination. Therefore, public policy instruments are not permanent over time. This paper raises the discussion on the development of limits to extrafiscality, linked to its nature as a public policy instrument, to ensure a coherent exercise of taxing power. It also explores the possibility of enhancing transparency in the process of its creation, management, and outcomes. The proposed limits include material competence, proportionality, a structure linked to the extrafiscal objective, prohibition of punitive measures, avoidance of hindering behaviors, legislative justifcation, legitimacy control, coherence of the tax structure, and the evaluation and analysis of results. The article analyzes these limits and their importance in creating taxes that respond to extrafiscal objectives, moving beyond the logic of transparency based solely on revenue collection. Transparency plays a fundamental role in revealing the real motives behind their creation and in evaluating the results of their enforcement and application.

This study examines damage mitigation in contractual breaches, exploring its theoretical basis and potential scope in Ecuador. It analyzes its legal nature and role within contractual relationships, assessing whether it constitutes an expression of good faith, a creditor’s obligation, or a procedural burden affecting compensation claims. Its compatibility with fundamental principles such as restitutio in integrum and its impact on determining compensable damages are also evaluated. From a normative perspective, the study reviews its regulation in Ecuador, where its express recognition in the Commercial Code appears to grant creditors a faculty rather than impose a strict obligation. In the absence of relevant case law, its application is examined academically, emphasizing its impact on evidentiary matters. Accordingly, its rules, standards, and limitations are analyzed to prevent excessive burdens on the creditor. The methodology combines a literature review with a normative interpretation exercise, systematizing academic, doctrinal, and legal sources. Additionally, artificial intelligence was used  as a drafting support tool, ensuring coherence and accuracy through the author’s review. 

This paper addresses the question of the reasonableness of a unitary system of effects for contractual termination in a broad sense, encompassing both intrinsic and extrinsic causes. To this end, it undertakes a comparative analysis of the regulation of the effects of nullity and termination for breach in two normative models: one “traditional”, the Civil Code of Bello, and the other “modern”, the UNIDROIT Principles of International Commercial Contracts. The conclusion suggests that maintaining a differentiated regime, as both texts do, is appropriate. Consequently, doctrinally supporting such a broad notion of “contractual termination” proves neither useful as a basis for a conceptual framework nor as a foundation for a normative regime.

Cloud computing facilities have a cross-border scope that might set off international issues regarding different areas of law. As cloud computing raised from the idea of replacing the physical for the virtual, we must remain that every software needs hardware to operate, whether the second is imperceptible for cloud services’ users, and this makes the cloud of cross border nature. Cloud computing has tangible effects on enterprises and economics, and its characteristics enforce internet usage globally. Explicitly, this article will focus on the influence of cloud computing in an international trade system held by Word Trade Organization (WTO), and how it enforces the international trade system, specifically on the General Agreement of Trade and Services (GATS). This paper main objective is to understand how can cloud computing lead to the enforcement of the international trade system, specifically on the GATS. To address this question, the paper follows an economic analysis of the law with qualitative method of literature and case law analysis, particularly of WTO Us Gamblin. The key conclusion is that the cross-border nature of cloud computing services requires to create a new category in the WTO GATS.